Disposal Would Sell Off Marbled Murrelet Habitat to Highest Bidder in Violation of Law

EUGENE, Ore.— Three conservation organizations filed a notice of intent today to sue any potential timber purchasers of nearly 3,000 acres of the Elliott State Forest recently authorized for sale by the state of Oregon. Audubon Society of Portland, Cascadia Wildlands and the Center for Biological Diversity argued that if timber companies knowingly buy and log the tracts that contain marbled murrelet habitat, they will be in violation of the federal Endangered Species Act.

“The state knows that it is illegal to log these lands, which is why they are proposing to sell them in the first place. Any purchaser should be keenly aware of the liability associated with logging marbled murrelet habitat in these parcels, particularly since we have already obtained an injunction against the current owner,” said Daniel Kruse, attorney for the groups serving the notice. “We plan to prosecute anyone who would purchase and log this important habitat for marbled murrelets, just as we successfully prosecuted the state.”

The Endangered Species Act has a strict prohibition against “taking” listed species like the marbled murrelet, which was listed as threatened with extinction in 1992. Take is broadly defined to include harassing, harming or wounding a species on the endangered species list. Past court cases have shown that logging murrelet habitat causes take of the species.

The land disposal, which has a March 28 deadline for sealed bids, comes in response to recent marbled murrelet “take” litigation by the three conservation groups that resulted in a preliminary injunction against logging in occupied marbled murrelet habitat on the Elliott State Forest, followed by the cancelation of 26 timber sales in murrelet habitat on the forest and significant changes to the state’s murrelet protection policy. Marbled murrelets are unique among seabirds in that they nest on the wide branches of large, old trees, making a daily trip of up to 35 miles inland to bring fish to their young. Logging of their forested habitat is the primary threat to their survival.

“Privatizing public forests that give Oregonians clean air and pure water is bad public policy,” said Francis Eatherington, conservation director with Cascadia Wildlands. “Moreover, these state forests anchor wild salmon runs and house endangered wildlife like the marbled murrelet, which is in jeopardy of extinction.”

Conservation organizations have expressed significant concern with the amount of the minimum bids set for the parcels when compared to their actual value. According to the state of Oregon, the timber value of the parcels currently for sale is $12.5 million. The minimum bid is $3 million.

“It would be a tragic story if Big Timber ended up with stately tracts of pubic old-growth forests at rock bottom prices,” said Bob Sallinger, conservation director at the Audubon Society of Portland. “This would be a huge loss for the Oregon taxpayer who may well end up with nothing but clearcuts and muddy rivers.”

“By selling off a portion of Oregon’s oldest state forest to the highest bidder, the state is not only putting threatened murrelets at risk but failing to protect the public’s highest interests,” said Noah Greenwald, endangered species director at the Center for Biological Diversity. “We’re determined to make sure the law is followed and these rare seabirds and their irreplaceable habitat are protected from the irreversible impacts of destructive logging.”

The 93,000-acre Elliott State Forest, overseen by the State Land Board, is located northeast of Coos Bay and has a mandate to produce revenue for county and state services. Rather than clearcut older trees on the forest to help fund schools and roads, the conservation organizations have long encouraged the State Land Board, made up of Secretary of State Kate Brown, Treasurer Ted Wheeler and Gov. John Kitzhaber, to pursue beneficial opportunities on the forest. The conservation groups have recommended the sale of key habitat on the Elliott to land trusts or other conservation interests; a timber program that focuses on restoration thinning of dense plantation forests; or a combination of both to achieve mandates on the forest.